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HomeMy WebLinkAboutPD-19-94THE CORPORATION OF OF 1 DN: SALES.GPA REPORT Meeting: General Purpose and Administration Committee Date: Monday, February 21, 1994 Repent #: _ PD -19 -94 File #: DEV 93 -034 File Rey. # r By-Law # Subject: PROPOSED AMENDMENT TO COMPREHENSIVE ZONING BY -LAW IN ORDER TO PERMIT SALES AND RENTAL OF BOATS AT MOTOR VEHICLE SALES ESTABLISHMENTS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -19 -94 be received; 2. THAT the application to amend Comprehensive Zoning By -law 84 -63 of the former Town of Newcastle, to permit the sale and rental of boats and boat accessories at Motor Vehicle Sales Establishments be APPROVED; 3. THAT the amending by -law attached hereto be forwarded to Council for approval; and 4. THAT a copy of Committee's and Council's decision be forwarded to the interested parties attached hereto. 1. APPLICATION DETAILS 1.1 Applicant: Corporation of the Municipality of Clarington 1.2 Rezoning: Amendment to the definition of "Motor Vehicle Sales Establishment" to permit the sale and rental of boats and boat accessories. 2. BACKGROUND 2.1 On September 13, 1993, Council directed the Director of Planning and Development to bring forth an amendment to the Comprehensive Zoning By -law to permit all automobile dealers to sell motor boats and trailers in addition to the selling of automobiles. 2.2 On Wednesday, September 29, 1993, public notices advising the general public of the date and time of the Public Meeting appeared aPE� ° � P APIECY E THIS IS PRIMED aJ RECYCLED ­E8 REPORT NO.: PD -19 -94 PAGE 2 in the Orono Weekly Times, Newcastle Independent, Bowmanville Statesman and Courtice News. In addition, notice was mailed by prepared first class mail to all Motor Vehicle Sales Establishments listed in the Municipality's April 1993 edition of the Business Directory. 2.3 The Public Meeting required by the Planning Act was held on Monday, November 1, 1993. No one spoke either in support or in opposition to the application. 3. ZONING BY -LAW PROVISIONS 3.1 Within Comprehensive Zoning By -law 84 -63, boats and boat accessories currently cannot be offered for sale or rental at Motor Vehicle Sales Establishments since boats and boat accessories are not contained within the definition of Motor Vehicle Sales Establishment. 3.2 Therefore, in order to permit the sale and display of new and used boats and boat accessories at all legal and legal non - conforming Motor Vehicle Sales Establishments as per Council's direction, the most expedient manner to accomplish this is to amend the definition of "Motor Vehicle Sales Establishment" as follows: "Motor Vehicle Sales Establishment" shall mean a building or structure where a dealer displays motor vehicles for sale or rent. Permitted accessory uses include a motor vehicle repair garage, a motor vehicle service station, a motor vehicle fuel bar, a motor vehicle body shop, sale and display of new and used boats and boat accessories but shall not include any other use or activity otherwise defined or classified in this By -law. 4. AGENCY COMMENTS 4.1 Given the nature of the proposed amendment the Planning and Development Department undertook a very limited circulation of the proposal. The Regional Planning Department has verbally advised that they have no objection to the proposal as the purpose of the application appears to be in conformity with the Regional Official Plan. 2 REPORT NO.: PD -19 -94 PAGE 3 5. STAFF COMMENTS 5.1 The proposed by -law would have the effect of allowing the sale and rental of new and used boats and boat accessories at all legal Motor Vehicle Sales Establishments. In addition, Motor Vehicle Sales Establishments which currently enjoy a legal non - conforming status would also be permitted to offer new and used boats and boat accessories for sale or rental. 6. CONCLUSION 6.1 In consideration of the comments contained within the report, staff would have no objection to the approval of the application and the passing of the By -law attached hereto. Respectfully submitted, _( "-) �0'_Qs - a � A, F klin Wu, M.C.I.P. Director of Planning and Development WM *FW *df *Attach 9 February 1994 Recommended for presentation to the Committee /�/x Ma 'e Marano, Acting Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Frank Shane 22 Silver Street Bowmanville, Ontario. L1C 3C3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 94- being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By -law 84 -63, as amended, of the former Town of Newcastle; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 2 "Definitions" of By -law 84 -63, as amended, is hereby further amended by changing the following definition to read as follows: "Motor Vehicle Sales Establishment Shall mean a building or structure where a dealer displays motor vehicles for sale or rent. Permitted accessory uses include a motor vehicle repair garage, a motor vehicle service station, a motor vehicle fuel bar, a motor vehicle body shop, the sale and display of new and used boats and boat accessories but shall not include any other use or activity otherwise defined or classified in this By- law." 2. This By -law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act. BY -LAW read a first time this BY -LAW read a second this day of , 1994. day of , 1994. BY -LAW read a third time and finally passed this day of 1994. MAYOR CLERK 544